BURNEY v. SOUTHERN RAILWAY COMPANY

6 Div. 951.

165 So.2d 726 (1964)

James S. BURNEY v. SOUTHERN RAILWAY COMPANY.

Supreme Court of Alabama.

June 18, 1964.


Attorney(s) appearing for the Case

Rives, Peterson, Pettus & Conway, Birmingham, for appellant.

Cabaniss & Johnston, Leigh M. Clark and Frank C. Galloway, Jr., Birmingham, for appellee.


MERRILL, Justice.

This is an appeal from a judgment in favor of defendant in a libel suit and from the order overruling a motion for a new trial. The verdict was the result of the giving of the affirmative charge without hypothesis in favor of defendant on the ground that there was no publication of the libel.

Appellant was a railroad conductor assigned to the Norris Yard in Birmingham. D. E. Gwillim was an engineer and appellant's co-worker on the job. Their...

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